Murphy v. Atlantic Coast Line Railroad, 211 N.C. 741 (1937)

May 19, 1937 · Supreme Court of North Carolina

211 N.C. 741

DAVID MURPHY v. ATLANTIC COAST LINE RAILROAD COMPANY.

(Filed 19 May, 1937.)

Appeal by plaintiff from Grady, J., at October Term, 1936, of New Haitover.

Affirmed.

This is an action to recover damages for personal injuries alleged to have been caused by tbe negligence of tbe defendant.

At tbe close of tbe evidence for tbe plaintiff, on motion of tbe defendant. tbe action was dismissed by judgment as of nonsuit.

Plaintiff appealed to tbe Supreme Court, assigning error in tbe judg- ■ ment.

Rodgers & Rodgers for plaintiff.

Poisson & Campbell for defendant.

PeR Curiam.

In tbe absence of any evidence at tbe trial of this action tending to show that plaintiff’s injuries were caused by tbe negligence of tbe defendant, as alleged in bis complaint, there is no error in tbe judgment dismissing this action.

All tbe evidence showed that plaintiff’s own negligence was tbe sole, proximate cause of bis injuries. In no aspect of tbe case is tbe doctrine of “tbe last clear chance” applicable to tbe facts shown by all tbe evidence. See Redmon v. R. R., 195 N. C., 764, 143 S. E., 829.

Tbe judgment is

Affirmed.